Driverless Trucks on I-20 and I-35: Who Is Liable in Texas?

Under Texas Transportation Code section 545.453, the owner of an automated driving system is treated as the operator of the automated motor vehicle for the purpose of deciding whether traffic and motor vehicle laws were followed, whether or not that owner is physically inside the truck. The statute also states that a licensed human operator is not required when the automated system is engaged. This matters because driverless commercial trucks are now running on Texas interstates, and a crash involving one raises questions that ordinary truck wreck law does not fully answer.

Who counts as the operator of a driverless truck under Texas law?

Section 545.453 answers a narrow question. It tells a police officer or a court who to treat as the operator when checking compliance with traffic and motor vehicle laws, such as speed limits, lane rules, or equipment requirements. The owner of the automated driving system fills that role even if no person is in the truck at all.

That designation exists to make sure driverless vehicles are not exempt from the traffic code simply because no human is steering. It is a compliance rule, not a full statement of who pays for an injury.

Does operator status under section 545.453 decide who pays after a crash?

No. Being the operator for traffic-law purposes is a different question from civil liability for a crash. An injury claim arising from a driverless truck wreck can proceed under ordinary negligence principles against the company operating the truck, and separately under Texas products liability law, Civil Practice and Remedies Code chapter 82, if a defect in the automated driving system, sensors, or software contributed to the crash.

These two theories can run at the same time. A negligence claim looks at how the truck was operated, maintained, or dispatched. A chapter 82 claim looks at whether the vehicle or its automated system was defectively designed, manufactured, or marketed. Which theories actually apply in a given crash depends on the facts, including what the automated system was doing at the moment of impact and whether a human occupant had any role.

Does Texas require permission before a company can run driverless trucks?

Yes, as of a recent legislative change. Texas SB 2807, effective September 1, 2025, amended Transportation Code chapter 545, subchapter J, to require authorization from the Texas Department of Motor Vehicles before a company can run commercial driverless trucking operations in the state. This authorization requirement sits alongside section 545.453 rather than replacing it.

Which Texas highways actually have driverless trucks on them?

Aurora Innovation began driverless commercial trucking between Fort Worth and El Paso, a route of about 600 miles, in late October 2025. That route follows Interstate 20 through Abilene, Midland, and Odessa. Aurora also operates trucks between Dallas and Laredo on Interstate 35, though as of July 2026 a person still rode in the back seat of each of those trucks, according to reporting from Dallas Innovates.

Kodiak runs driverless trucks in the Permian Basin, but on private and lease roads rather than public highways. Kodiak has stated that operation on public roads is expected to begin in early 2027.

The distinction between a truck with no human occupant and one with a person still riding along matters for a crash investigation, since it can affect what evidence exists, including whether anyone inside the cab observed the events leading to the collision.

Can a driver's own conduct reduce or bar recovery after this kind of crash?

Texas applies proportionate responsibility to personal injury claims. Under Civil Practice and Remedies Code section 33.001, a claimant whose own share of responsibility for the crash is found to be greater than 50 percent cannot recover damages at all. Lesser degrees of fault can reduce a recovery but do not bar it outright.

This rule applies regardless of whether the other vehicle involved was driven by a person or operated by an automated system. A jury or fact finder still has to allocate percentages of responsibility among everyone whose conduct contributed to the crash.

How long do you have to bring a claim after a driverless truck crash?

The general limitations period for a Texas personal injury claim is two years, under Civil Practice and Remedies Code section 16.003. Where more than one legal theory or more than one potential defendant is involved, as can happen with a negligence claim against a trucking company alongside a products liability claim under chapter 82, different deadlines can potentially apply to different claims or parties. In that situation, the shortest applicable deadline governs, since missing it can end that particular claim regardless of how much time remains under a longer deadline that applies to a different claim.

This article is general information about Texas law. It is not legal advice, and reading it does not create an attorney-client relationship. The law changes and how it applies depends on the specific facts. Speak with a lawyer about your own situation.

Ryan MacLeod, Houston, Texas is responsible for the content of this ad. Texas matters are likely to be referred to Webster Vicknair MacLeod, Houston. Binder attorneys are licensed in New York, not in Texas.